DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8315-19 Ref: Signature Date This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 8 January 2021. The names and votes of the panel members will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board. Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). You enlisted in the Navy and began a period of active duty on 29 April 1996. On 23 July 1996, you revealed pre-service drug history to the Command Drug and Alcohol Program Advisor Counseling and Assistance Center at Naval Submarine School. You were concurrently diagnosed with severe personality disorder with destructive behavior. On 4 October 1996, you were notified of administrative separation procedures against you by reason of convenience of the government; you waived your right to appear before an administrative separation board. On 3 December 1996, Commanding Officer (CO), Naval Submarine School forwarded your package to the separation authority recommending your administrative separation on the basis of fraudulent entry into the Naval service as evidenced by your failure to reveal your pre-service drug use at the time of enlistment; your CO also noted that you were concurrently diagnosed as suffering from a severe personality disorder with destructive behavior. Your CO stated that you were considered unsuitable for military service. You were discharged from the Navy on 24 May 1997, on the basis of Fraudulent Entry into Military Service, and received a general characterization of service and a reentry (RE) code of RE-4. In your application to the Board, you request a change to your narrative reason for separation which currently reads “Fraudulent Entry into Military Service.” You state while you were in the Navy, you were diagnosed with Major Depressive Disorder or Personality Disorder. You indicate that you were discharged on the basis of Fraudulent Entry due to an in-service diagnosis of Depressive Disorder. The Board noted that your application for correction raises a potential issue of an in-service mental health condition diagnosis to include an assertion that you suffered from Major Depressive Disorder. In a communication 23 September 2019, you were asked to provide additional medical or clinical evidence to support your claim. When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. As part of the review process, a Physician Advisor reviewed your request and issued an Advisory Opinion (AO) dated 25 November 2020. The AO noted that your available records contain direct evidence of fraudulent enlistment (failure to disclose pre-enlistment drug use) and diagnosed Personality Disorder, which rendered you unsuitable for continued military service. The AO stated that you were not diagnosed with Major Depression or any other mental health condition other than substance use disorder and personality disorder. Your command elected to administratively separate you for fraudulent enlistment for your undisclosed pre-enlistment drug use, as well as unsuitability for your diagnosed personality disorder. The AO concluded that your command provided sufficient evidence and rationale for discharging you for fraudulent enlistment (lack of disclosure of pre-service drug use) and unsuitability (diagnosis of Personality Disorder with continued risk of harm if retained in service). The Advisory Opinion was provided to you, and you were given 30 days in which to submit a response. When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo, the Hagel Memo, and the Kurta Memo. These included, but were not limited to your contention that you suffered from Major Depressive Disorder or Personality Disorder. The Board found that your service record indicates that your discharge was predicated on your fraudulent enlistment by failing to reveal pre-service drug use, and the “Fraudulent Entry” noted in the narrative reason for separation does not appear to have been due to a mental health diagnosis. The Board concurred substantially with the AO and determined that there is insufficient evidence to support a finding that you had an in-service diagnosis of Major Depressive Disorder. The Board found, however, that your record supports that you were diagnosed with a Personality Disorder while you were in the Navy, but that your narrative reason for separation was based on your undisclosed pre-service drug history. The Board found your current discharge was issued without error or injustice, and your narrative reason for separation does not warrant a change. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 1/28/2021 Executive Director